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§ 3.6 Construction Phase Services
<br />3.6,1 General
<br />3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set
<br />Forth below and in AIA Document A20ITM—.2017, General Conditions of the Contract for Construction. If the Owner
<br />and Conti -actor modify AIA Document A201-20 17, those modifications shall not affect the Architect's services
<br />Under this Agreement unless the Owner and the Architect amend this Agreement,
<br />§ 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Set -vices., The
<br />Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement, The
<br />Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques,
<br />sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the
<br />Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the
<br />Contract Documents, The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not
<br />have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other
<br />persons or entities performing portions of the Work,
<br />§ 3.6,1.3 Subject to Section 4.2 and except as provided in Section 3.6.6,5, the Architect's responsibility to provide
<br />Construction Phase Services commences with the award of the: Contract for Construction and terminates on the date
<br />the Architect issues the final Certificate for Payment.
<br />§ 3.6.2 Evaluations of the Work
<br />§ 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage Of construction, or as otherwise
<br />required in Section 4.2.3, to become generally familiar with the progress and quality of the portion of the Work
<br />completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the
<br />Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not
<br />be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. On
<br />the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of
<br />the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract
<br />Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3)
<br />defects and deficiencies observed in the Work.
<br />§ 3.6.2,2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever
<br />the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or
<br />testing of the Work in accordance with the provisions of the Contract Documents, whether or not the Work is
<br />fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith
<br />either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the
<br />Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of
<br />the Work,
<br />§ 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the
<br />Contract Documents on written request of either the Owner or Conti -actor. The Architect's response to such requests
<br />shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness.
<br />§ 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably inferable
<br />from, the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations
<br />and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not
<br />show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The
<br />Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the
<br />Contract Documents.
<br />§ 3.6,2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that
<br />term is defined in AIA Document A201-2017, the Architect shall render initial decisions on Claims between the
<br />Owner and Contractor as provided in the Contract Documents.
<br />§ 3.6.3 Certificates for Payment to Contractor
<br />§ 16.31 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such
<br />amounts. The Architect's certification For payment shall constitute a representation to the Owner, based oil the
<br />AIA DocumentB101 I"— 2017, Copyright@ 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved, VVARNMG�
<br />Init. TIMs A11,A0 Document �s protected by LLS. CopyHght Law w�d �nternaflonall Trentles. Una"thoHzed repvodw!:bori or dWribkMan of 0,0s AW"I Document, 10
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<br />User Notes: (3139ADA1C)
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